Executive Order: Cabinet Operations (updated)

Definitions, Cabinet Composition, and Accountability
1. The Cabinet consists of the Deputy President, Minister of the Treasury, Attorney General, Minister of Foreign Relations, Minister of State, Minister of the Interior, and Minister of Defense.

1.1. The Ministers are accountable to the President and to the National Assembly through the President.

1.2. Ministers must answer any question put to them in the National Assembly openly and honestly, except in cases of individual privacy or national security.

1.3. 'Minister' includes the Deputy President and the Attorney-General.

1.4 'as directed' means as directed by the President.

1.5 All Ministers must maintain a website describing, at minimum, their responsibilities.

Deputy President
2. The Deputy President must serve as Acting President in the President's absence and generally assist the President as directed.

2.1 'Absence' means any period notified to the Cabinet or when 72 hours elapse when the President does not post one of the following: the Forum, the Assembly list or the Cabinet list.

Ministry of the Interior
3. The Minister of the Interior is responsible for the environment, federal policing and prisons, welfare systems except Social Security, the functions of the Commission on Labor, the Patents Register, Cyberrail, the Geographical Mapping Agency, the Cyberia Energy Authority, the recruitment and promotion of Cyberia to newcomers, and the administration of unorganised provinces.

Ministry of State
4. The Minister of State is responsible for the upkeep of the Constitution, laws, list of citizens, and other parts of the federal website not administered by other Cabinet, legislative, or judicial organs.

4.1 The census consists of the names of all citizens, their e-mail addresses, political affiliations, and provinces or district of residence.

Ministry of Foreign Relations
5. The Minister of Foreign Relations is responsible for maintaining Cyberia's diplomatic contact with other micronations, posting appropriate notices to foreign fora, co-ordinating the efforts of Cyberia's ambassadors, and heading the Foreign Affairs and Defense Council (FADC).

5.1 The FADC consists of the Ministers of Foreign Relations and Defense, ambassadors as directed, and other citizens appointed by the President.

5.3 Appointments to the FADC are appointments to the presidential staff in terms of 5.28 of the Constitution.

5.4 The Minister of Foreign Relations must consult with the President before any negotiation on the government's behalf.

Ministry of the Treasury
6. The Minister of the Treasury is responsible for the federal budget, public finance, Social Security, the Economic Enterprise Agency, and development of the national economic simulation.

Justice Department
7. The Attorney General is responsible for legal advice to the executive branch, advice on judicial appointments, federal prosecutions, acting as counsel for the federal government, providing the current Constitution and laws to the Minister of State, providing the census to the Minister of State, the functions of the National Security Commission, and the role of examiner under the Citizenship Screening Act 2002.

7.1 The Attorney General is independent with respect to any matter where the President has a conflict of interest.

7.2 Opinions by the Attorney General must be based only on law and must be archived on the federal website.

Ministry of Defense
8. The Minister of Defense is responsible for upkeep of the Cyberian Defense Force (CDF), liaison with its Chief of Staff, reporting to and advising the FADC on intermicronational military affairs.

8.1 The Minister of Defense must consult with the President before ordering any deployment or committing the CDF.

Presidential Succession
9. The order of succession to the Acting Presidency under 5.10 of the
Constitution is the Deputy President and the other Ministers in the order they appear in section 1.

Vice-Ministers
10. Ministers may appoint and dismiss Vice-Ministers with the approval of the President. Vice-ministers are not members of the Cabinet and may not act as Ministers except as directed.

Special Events
11. Any Minister may be tasked with Cyberia's participation in certain intermicronational events as directed.

International Conferences
12. Cyberia's delegates at international conferences are to be: the President, the Minister of Foreign Relations, other ministers designated for the purpose by the President, or delegates with the rank of ambassador appointed subject to legislative confirmation.

12.1 Cyberia's votes at such conferences are to be cast as directed by the President.

12.2 The President must inform the National Assembly of any international conference which Cyberia attends.

Executive Transparency
13. The membership of the Cabinet, including any presidential staff and advisers, is a matter of public record. Presidential staff may not exercise any executive or statutory powers, or give directions to any minister.

Membership Limits
14. The judges and the Electoral Commissioner must not serve as Cabinet members. Cabinet members may act as EC or as judges, but may not participate in the Cabinet while exercising judicial or electoral functions.

Clean Slate
15. All previous executive orders and administrative regulations are revoked, excepting the Conway Reserve Bank order of March 2004 and subsequent revisions of that order. This includes instructions issued in their places.

Jack Santucci, President of Cyberia

Signature of Civil Service Code Repeal Bill 2005

That the following Chapter be repealed:

CHAPTER 120 CIVIL SERVICE CODE (98-003, 98-013)

120.1 Public officials, defined as Governor, Deputy, Cabinet official, Supreme Court Justice, or the President, whom have a controlling interest in a business or corporation must disqualify themselves from participation in government decisions concerning same or in government decisions concerning the buying and selling of products produced by the business or corporation.

120.11 A controlling interest is defined as owning ten (10) percent or more of the stock of the corporation or sufficient authority to direct the operations of the business.

120.2 Officials involved in the violation of this provision are subject to censure by the Chamber of Deputies which may involve removal from public office, disqualification from holding public office for a period of one year, and fines up to ~500,000.

signed into law this day by Jack Santucci, President

Signature of Chapter 100 Reform Bill 2005

100.1 CODIFICATION All Federal laws are to be compiled in the Federal Code, except as otherwise provided by law.

100.2 CONTENTS The Commonwealth website must include the Constitution, the Federal Code, treaties, legislative acts, executive orders, and regulations made under a legislative act.

100.3 ACT NUMBERS Every legislative act must be numbered according to the year and order in which it is enacted.

Example: Act 2005.14 is the fourteenth act passed in 2005.

100.4 TITLE NUMBERS The Federal Code is to be arranged by subject within nine titles, each composed of a number or numerically-designated chapters, as follows:
Title I (100-199) - General
Title II (200-299) - The Executive Branch
Title III (300-399) - The Legislative Branch
Title IV (400-499) - The Judicial Branch
Title V (500-599) - Federal Agencies, Programs and Activities
Title VI (600-699) - General Statutes
Title VII (700-799) - Electoral Code
Title VIII (800-899) - Finance
Title IX (900-999) - Criminal Code

100.5 CHAPTER NUMBERS Each chapter of the Federal Code is to be numbered by a decimal arrangement carried out three decimal places.

Example: Title 2 begins with Chapter 200.

100.5 SECTION NUMBERS Each section of a chapter of the Federal Code is to be numbered by a decimal arrangement carried out to two or three decimal places. The first decimal place is to represent the section. The second decimal place is to represent the subsection. The third decimal place is to represent a paragraph.

Example: Chapter 152 beings with section 152.1 and potential subsection 152.11. If the Chapter has more than 9 sections it beings with Section 152.01.

(2) Title V is renamed: Federal Agencies, Programs and Activities

signed this day by Jack Santucci, President

Signature of CFC 130 Amendment Bill 2005

That CFC 130.21, 120.22 and 130.24 (below) be repealed and the remaining subsections be renumbered as appropriate.

130.2 On any federal holiday within Cyberia:
1) no voting in the National Assembly may begin or end;
2) no election may begin or end;
3) all non-essential federal employees shall be given a paid day off;
and
4) no bill may be signed by the President;
4.1) this shall not count against his deadline for signing legislation;
4.2) he may sign legislation only in a federal emergency

signed into law this day by Jack Santucci, President

Signature of Naturalization Bill of Augustin Dei Barbone

That Augustin Dei Barbone be granted citizenship in the Virtual Commonwealth of Cyberia.

signed into law this day by Jack Santucci, President

Signature of Election Declarations (Gazettal) Bill 2005

I move that CFC 700.11 be amended by adding:

700.112 The declaration must be gazetted.

signed into law this day by Jack Santucci, President

Signature of Offenses Against the Economy Bill 2005

that the following chapter be added to the Criminal Code:

CHAPTER 955 CRIMES AGAINST THE ECONOMY OF THE COMMONWEALTH

955.1 THEFT You commit this Class B offence if you unlawfully take what belongs to another with intent to acquire it, and the taking involves loss.

954.11 The theft is a Class C offence, if the court, taking account of the value of what is stolen and other circumstances of the crime, holds it petty.

954.12 The theft is a Class A offence if the court, taking into account whether the unlawful appropriation took place after intrusion into a dwelling, whether ! it concerned the appropriation of property borne by a person, whether the accused was equipped with a weapon, explosive or similar aid, or whether the act was otherwise of an especially dangerous or ruthless nature, concerned property of considerable value or entailed a keenly felt loss, holds it gross.

954.21 FRAUD You commit this Class B Offence if you by deception induce someone to commit or omit to commit some act which involves gain for the accused and loss for the deceived or someone represented by the latter. You also commit this Class B offence if you, by delivering incorrect or incomplete information, or by making alterations to a programme or recording or by other means, unlawfully affects the result of aut omatic data processing or any other similar automatic process so that gain accrues to the offender and loss is entailed by any other person.

954.21 The fraud is a Class C offence if the court, taking account of the extent of the loss and other circumstances of the fraud, holds it petty.

954.22 The fraud is a Class A offence if the court, taking account of whether the offender abused public trust or employed a false document or misleading bookkeeping, or whether the fraud otherwise was of a particularly dangerous nature, involved a substantial value or resulted in a keenly felt loss.

954.3 EXTORTION You commit this Class B o! ffence if you by unlawful coercion induce someone to do or not do something which involves gain for the offender and loss for the coerced person or someone represented by the latter.

954.31 The extortion is a Class C offence if the court, taking account of the extent of the loss and other circumstances of the fraud, holds it petty.

954.32 The extortion is a Class A offence if the court, taking account of whether the offender abused public trust or employed a false document or misleading bookkeeping, or whether the fraud otherwise was of a particularly dangerous nature, involved a substantial value or resulted in a keenly felt loss, holds it ! gross.

955.4 FORGERY You commit this Class C offence if you make or utter a false document representing any amount of the currency of the Commonwealth.

955.5 CORRUPT CONDUCT You commit this Class A offence if, as an officer of the Commonwealth or of the Reserve Bank of Cyberia, assist any person to commit a theft or fraud upon the Commonwealth. You can be convicted of this offence despite the failure to prosecute or convict any other person.

signed this day by Jack Santucci, President of Cyberia

Signature of Ch. 200 Reform Bill

that Chapter 200 of the Federal Code be mended to read:

CHAPTER 200 - GENERAL

200.1 EXECUTIVE BRANCH Article 4 of the Constitution provides for the executive branch.

200.2 DETAILS Executive orders provide for more detail with respect to the executive branch.

200.3 OTHER AGENCIES Title V provides for federal agencies, programs and activities not created by executive order.

200.4 EXECUTIVE DECISIONS Any decision by the President which has legal consequences under the Constitution or the laws is null and void unless and until it is notified in writing to the National Assembly. Every notification message must be in clear and unambiguous terms, must have a date of effect, and must carry a subject line which identifies it as a presidential decision.

200.5 LEGISLATIVE SIGNATURE Any decision under Section 200.4 which contains the signature or veto of a bill is null and void unless and until it includes the whole text of the bill.

200.6 GAZETTAL Any decision under Section 200.4 must be gazetted within 48 hours.

signed this day by Jack Santucci, President of Cyberia

Chapter 200 Reform Bill 2005

that Chapter 200 of the Federal Code be amended to read:

CHAPTER 200 - GENERAL

200.1 EXECUTIVE BRANCH Article 4 of the Constitution provides for the executive branch.

200.2 DETAILS Executive orders provide for more detail with respect to the executive branch.

200.3 OTHER AGENCIES Title V provides for federal agencies, programs and activities not created by executive order.

200.4 EXECUTIVE DECISIONS Any decision by the President which has legal consequences under the Constitution or the laws is null and void unless and until it is notified in writing to the National Assembly. Every notification message must be in clear and unambiguous terms, must have a date of effect, and must carry a subject line which identifies it as a presidential decision.

200.5 LEGISLATIVE SIGNATURE Any decision under Section 200.4 which contains the signature or veto of a bill is null and void unless and until it includes the whole text of the bill.

200.6 GAZETTAL Any decision under Section 200.4 must be gazetted within 48 hours.

CHAPTER 200 - GENERAL

200.1 The executive branch shall consist of the following:

1) The Office of the President

2) The Office of the Vice-President

3) The Cabinet

4) other various government organisations

200.2 The Office of the President shall consist of all non-Cabinet-level officials working on the President's behalf in the execution of his duties as President. This may include an official historian/biographer, webmaster, national security advisers, ambassadors-at-large, among others. These positions are appointed by the President and their salaries come from the annual budget allocated towards executive salaries.

200.3 The Office of the Vice-President shall consist of all officials working on the Vice President's behalf in the execution of his duties, and may include a legislative liaison, press secretary, and others. These positions are appointed by the Vice President and their salaries come from the annual budget allocated towards executive salaries.

200.4 The Cabinet shall consist of all the ministry heads of the executive branch. These officials may include such titles as Ministers of State, Defence, Interior, and Public Information, but the specifics are laid out in the salary allocation in the annual budget, or by special allocations.

200.5 For various governmental organisations, refer to Title V of the Cyberian Federal Code.

200.6 Any dissolution, assent or veto of a bill, executive order, appointment, acting appointment, pardon or other presidential decision is null and void unless and until it is notified in writing to the National Assembly eGroup. Every notification message must be in clear and unambiguous terms, must have a date of effect, and must carry a subject line which identifies it as a presidential notification.

200.7 Any message under Section 200.6 which contains the signature or veto of a bill is null and void unless and until it includes the whole text of the bill.

Passed by unanimous consent and submitted for signature

Alan Grieve
Speaker